CFP Regulatory Framework & Compliance 2

Question 1

Under the Magnuson-Stevens Act, what is the maximum time allowed for a Fishery Management Plan (FMP) amendment to be implemented after NMFS determines it is necessary to end overfishing?

Accepted Answer

2 years

Answer

The Magnuson-Stevens Act requires that actions to end overfishing be implemented within 2 years of a determination that overfishing is occurring.

Question 2

Which federal law specifically prohibits the taking of migratory birds, including those that are incidentally caught as bycatch in fishing operations?

Accepted Answer

Migratory Bird Treaty Act

Answer

The Migratory Bird Treaty Act (MBTA) prohibits the take, possession, or killing of migratory birds by any means, including incidental capture in fishing gear.

Question 3

A Regional Fishery Management Council proposes an emergency rule. Under the Magnuson-Stevens Act, how long can an emergency action remain in effect without being extended?

Accepted Answer

180 days

Answer

Emergency rules under the Magnuson-Stevens Act can remain in effect for 180 days and can be extended once for an additional 186 days.

Question 4

Which section of the Clean Water Act requires permits for discharges of pollutants from point sources into waters of the United States, which can affect fish habitats?

Accepted Answer

Section 402

Answer

Section 402 of the Clean Water Act establishes the National Pollutant Discharge Elimination System (NPDES) permit program for point source discharges.

Question 5

When the US Fish & Wildlife Service lists a fish species as threatened under the ESA, which action is NOT automatically triggered?

Accepted Answer

Prohibition of take for private landowners

Answer

For threatened (not endangered) species, Section 9 take prohibitions do not apply automatically to private parties unless USFWS issues a special rule under Section 4(d) extending those protections.

(CFP) Certified Fisheries Professional Practice Test

(CFP) Certified Fisheries Professional Practice Test

CFP Regulatory Framework & Compliance 2